Mr. Rajev Sachanand Jagwanee And ANR. v. M/S. V. B. Associates, Thr. Partner Mrs. Sadhana Jaywant Vartak And ANR.

1/2 52 ARP 113-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION No. 113 OF 2019 Mr.Rajev Sachanand Jagwanee and anr ..

Petitioners

Versus

M/s. V.B. Associates, thru Partner Mrs.Sadhana Jaywant Vartak and anr ..

Respondents ...

None for the petitioners.

CORAM: BHARATI DANGRE, J.

DATED : 4th JANUARY 2024 P.C:- The present petition seek extension of the mandate of the arbitrator so as to enable him to conclude the arbitral proceedings.

None appear for the petitioners.

When the petition is perused, it is evident that a retired Judge of this Court was appointed as Sole Arbitrator by an order passed on 2/5/2017 and the Arbitrator entered the reference on 19/6/2017. On completion of the pleadings, the mandate of the arbitrator was extended by a period of six months in the meeting dated 1/5/2018 and it is stated in the petition that the affidavit evidence and cross-examination of the witnesses was Tilak

2/2 52 ARP 113-19.doc also filed and the matter was kept for arguments. Since it is noticed that the mandate of the arbitrator was expired, the proceedings was kept in abeyance on the pretext that appropriate direction shall be sought from the High Court and accordingly, petition is filed u/s.29A(4) of the Act seeking extension. Today, petitioner is not represented and the farad sheet would reveal that the matter was never circulated, leading to an inference that the petitioner is not interested in prosecuting the same. Hence, petition stand dismissed for non-prosecution. ( SMT. BHARATI DANGRE, J.) Tilak